Why every business, big or small, should consider applying to register trademarks

Erik K Pelton

Listed to this brief video (less than 3 minutes) as I discuss the many benefits adding up to show why trademark registration is an incredibly valuable investment for an small business, new business, established business, old business, or big businesses – for any business!

GM Innovation Week: Catch You at the Border: Registering Trademarks With U.S. Customs and Border Protection to Stop Infringing Imports

Greenspoon Marder LLP

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Our You, Me & IP series joins Innovation Week to discuss the considerations and issues businesses can encounter while registering trademarks to stop infringing imports.

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Commerce Office of Inspector General Says USPTO is Failing to Prevent Fraudulent Trademark Registrations

IP Watchdog

Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark Office (USPTO) trademark registration process. The report ultimately found that the trademark registration process was ineffective in this respect.

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. In May 2007, the label mark ‘SOYA DROP’ was registered. Overview.

Considering Intellectual Property Rights as a Collateral

Kashishipr

In business parlance, assets can be divided into two major classes of tangible and intangible resources.

Licensing of Trademarks

Kashishipr

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization.

The Concept of Family of Trademarks

Kashishipr

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks.

Domain Name Dispute Settlement

Kashishipr

The dispute of domain name is a conflict that arises when more than one individual or group believes that they have the right to register a particular domain name. The domain name is registered or used maliciously. Domain name disputes have evolved like internet Trademark Infringement.

All About Provisional Patent Applications

Kashishipr

Therefore, when the complete specification is filed within 12 months of filing the provisional application, the date of application for claiming the invention will be the date on which the provisional application was registered.

Dealing with Counterfeits on E-Commerce Websites

Kashishipr

The problem of counterfeiting not only puts brands at risk of their trademarks, brand value, and goodwill getting damaged but also puts consumers at the risk of receiving sub-standard quality products, which may ultimately affect their health and wellbeing.

Limited Edition Products: Can they be Protected under IP Law?

Kashishipr

Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark.

Copyright Protection for Choreographic Works

Kashishipr

The same stands true for the ‘walking against the wind’ dance, popularized by Bill Bailey yet not registered and claimed. It is, therefore, interesting to note how an iconic or original dance step can be registered. Why Consider Registering a Copyright?

The Importance of Trademark Clearance Searches for Businesses

Kashishipr

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. Types of Trademark Searches.

Protecting Recipes through Intellectual Property Rights

Kashishipr

With the emergence of a cosmopolitan touch in the food and beverage industry through the introduction of celebrity chefs and mixologists as well as experimental, custom-made, creative dining experiences all over the world, culinary creations, including drinks and food, have become a crucial and valuable business asset.

Can Common Terms Be Trademarked?

Kashishipr

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ How are then these common words registered as a trademark?

Customs Intervention for IP in the Indian Sub-Continent

Kashishipr

Images of genuine goods (for trademarks and designs). Recordation of IPRs cannot be done beforehand; however, the Customs authority is empowered to intervene upon the application by a registered IP rights holder.

IP 79

Trade Secrets over Patents? What is the Right Choice for You?

Kashishipr

When we talk about safeguarding some specific piece of information that adds to the commercial value of the goods, two obvious options come to our minds. The first is trade secrets, and the second is patents.

Can Trademark Protection be Extended to Cryptocurrency?

Kashishipr

Several courts have had trouble in applying substantive Trademark Law to this field of technology. It may also be a proactive threat to trademark owners; thus, this article delves into the question of whether or not a name or logo of a cryptocurrency can function as a legitimate trademark.

Traditional Knowledge and Conservation of Biodiversity

Kashishipr

Blog cautionary notices Conservation of Biodiversity intellectual property law ip attorney ip right protection ip rights ip rights management Kashishipr kipr register trademark trademark trademark registration Trademark Registration Online Traditional Knowledge

Trademark Examiner Reports: Common Objections

Sander Law

Trademark Examiner Reports: Common Objections. The objections raised by a Trademark Examiner generally fall into one or more of the following categories: Goods & Services Statement. Confusion with another trademark. Learn more about Trademark Confusion.

Trademarks: NICE Classification

Sander Law

Trademarks: NICE classification. The NICE classification is a system for classifying goods and services that is used when applying for trademark registration. Ready to protect your trademark? Contact Sander Law to file your trademark application!

Taxation of Intellectual Property: A Comparative Note

Kashishipr

As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. Today, companies are increasingly placing a huge amount of enterprise value on Intellectual Property (IP).

Can Intellectual Property Rights Safeguard Your Blog?

Kashishipr

The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. The mode of registering copyright has been eased by most of the jurisdictions by providing for online and offline formats.

Modularity and Intellectual Property Rights: A Strategic Consideration

Kashishipr

What is Modularity? The concept of modularity has become a common debate due to the vast outreach of consumers and industrial growth. The concept focuses on the notion of distributed innovation in the contemporary global economy.

The Interplay of Big Data and Intellectual Property Rights

Kashishipr

What is Big Data? Big data is a relatively new concept that has created a greater conundrum in the realm of Intellectual Property (IP) laws. Big data refers to the large and diverse sets of information that can grow at an ever-increasing rate.

Trademarks: Descriptiveness Objection

Sander Law

Trademarks: Descriptiveness Objection. One potential objection an Examiner may raise in an Examiner Report is that the applied for trademark is either: 1) clearly descriptive of the products or services sold under the trademark; or.

Patent Assertion Entities: A Boon or a Bane?

Kashishipr

After gathering the relevant information, a detailed check of the existent rights should be carried out to find if the rights against the asset have been registered; if registered, the timeline remaining, etc.

Statutory Licensing in India in the Age of Online Music Streaming: A Comment on Tips vs. Wynk

Kashishipr

Blog Copyright 1957 cautionary notices copyright act Copyright Infringement copyright rules intellectual property law ip attorney ip right protection ip rights ip rights management Kashishipr kipr register trademark trademark trademark registration Trademark Registration Online

Music 69

Intellectual Property Theft: A Menace

Kashishipr

Theft of Trademarks: Trademark Infringement ensues when a third party makes unwarranted use of a mark in commercial parlance, usually about similar or competing goods, by affixing a mark that is identical or similar to the registered trademark.

What To Do When Your Trademark Registration Is Not Renewed

Patent Trademark Blog

What happens when a trademark registration is not renewed? Trademark registrations have strict time periods for renewal. In trademark vocabulary, the process of “renewing” a registered trademark is known as post-registration maintenance. Let’s look at your options when your trademark registration is not timely renewed. What are your options if you are late in renewing your trademark registration?

Determination of Equivalents in a Patent Application

Kashishipr

The doctrine stipulates that the scope of a patent is not confined to the literal terms laid in the claims; instead, it embraces all the equivalents to the claims described in the said application.

Can QR Codes be Trademarked?

Kashishipr

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors. The post Can QR Codes be Trademarked?

Geographical Indications for Food Products

Kashishipr

A registered GI prohibits a third party from using such GI by any means in the designations or presentations of goods that indicate that such goods originate in a geographical area. What are Geographical Indications?

Trademarks: Goods & Services Statement

Sander Law

Trademarks: Goods & Services Statement. When you apply for trademark registration, in addition to identifying your trademark, you need to specify the types of products and/or services you are selling in association with the trademark.

Episode 137: Special Spooky Halloween Episode

Erik K Pelton

Episode 137: Did you know that sometime candy shapes or costumes can be registered trademarks? Erik shares details in this fun and spooky episode about hallowed trademarks. Episode 137: Did you know that sometime candy shapes or costumes can be registered trademarks? Erik shares details in this fun and spooky episode about hallowed trademarks. The post Episode 137: Special Spooky Halloween Episode appeared first on Erik M Pelton & Associates, PLLC.

Trademark: Uggs are generic in Australia, Can I import them without a license from UGG®?

Patently-O

It is a generic term, and not a trademark – in Australia. ” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. This is an interesting new trademark petition that suggests some nuance from the Court’s 2020 decision in BOOKING.COM.

Health Beverage Co. Seeks To Block Rival's Name In IP Suit

IP Law 360

Health food and beverage company Remedy Organics asked a New Jersey federal court Friday to block a competitor from using the name "Remedy Drinks," saying the brand infringes its registered trademark and already has fostered confusion in the marketplace

Trademark Dispute: Upwork Can Use the Term “Freelancer” to Describe an App for Freelancers

JD Supra Law

the Ninth Circuit (June 22, 2021) affirmed the Northern District of California’s denial of a preliminary injunction against Upworks’s use of Freelancer’s registered trademark FREELANCER in the name of its app “Upwork for Freelancers.” In Freelancer International Pty Ltd v.

Disparaging, Immoral, and Scandalous Trademarks: Just Because You Can, Doesn’t Mean You Should

JD Supra Law

At a Glance - Even though the Supreme Court has paved the way for brands to register trademarks that may be considered disparaging, immoral, or scandalous, brand owners are reversing themselves and voluntarily changing.

New legal framework for start-ups sets its sights on intellectual property

IAM Magazine

A new system designed to encourage entrepreneurship and investment in start-ups in Brazil has introduced a simplified regime for registering trademark applications and granting patent applications before the Brazilian National Institute for Industrial Property.

What I’ve learned in 20 years of trademarks, and where my passion for trademarks comes from

Erik K Pelton

In this video, I share for the first time some of the favorite insights and lessons learned after more than 20 years of helping businesses register trademarks and protect brands.

Greek God or Continent? Defining “Confusing Similarity” under the Anti-Cybersquatting Consumer Protection Act

JD Supra Law

The registered trademark is “European Wax.

USPTO Works To Fight Fraud

JD Supra Law

Since the start of the Covid-19 pandemic, the United States Patent and Trademark Office (USPTO) has seen a surge in trademark filings by 40%, which is the greatest number of new applications in trademark history.